Jason Scott case
Encyclopedia
The Jason Scott case was a United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 civil suit, brought against deprogrammer
Deprogramming
Deprogramming refers to actions that attempt to force a person to abandon allegiance to a religious, political, economic, or social group. Methods and practices may involve kidnapping and coercion...

 Rick Ross
Rick Ross (consultant)
Rick Alan Ross works as a consultant, lecturer, and intervention specialist, with an interest in exit counseling and deprogramming of former cult members. He runs a blog at CultNews.com, and in 2003 founded the Rick A...

, two of his associates, and the Cult Awareness Network
Cult Awareness Network
The Cult Awareness Network was founded in the wake of the November 18, 1978 deaths of members of the group Peoples Temple and assassination of Congressman Leo J. Ryan in Jonestown, Guyana. CAN is now owned and operated by associates of the Church of Scientology, an organization that the original...

 (CAN), for the violent abduction and failed deprogramming of Jason Scott, a member of a Pentecostalist
Pentecostalism
Pentecostalism is a diverse and complex movement within Christianity that places special emphasis on a direct personal experience of God through the baptism in the Holy Spirit, has an eschatological focus, and is an experiential religion. The term Pentecostal is derived from Pentecost, the Greek...

 church. Scott was eighteen years old at the time of the abduction and thus legally an adult. CAN was a co-defendant because a CAN contact person had referred Scott's mother to Rick Ross. In the trial, Jason Scott was represented by Kendrick Moxon
Kendrick Moxon
Kendrick Lichty Moxon is a Scientology official and an attorney with the law firm Moxon & Kobrin. He practices in Los Angeles, California, and is a lead counsel for the Church of Scientology. Moxon received a B.A. from American University in 1972, and a J.D. degree from George Mason University in...

, a prominent Scientologist
Scientology
Scientology is a body of beliefs and related practices created by science fiction and fantasy author L. Ron Hubbard , starting in 1952, as a successor to his earlier self-help system, Dianetics...

 attorney.

The nine-member jury unanimously held the defendants liable for conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 to deprive Scott of his civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 and religious liberties
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

. In addition, the jury held that Ross and his associates (but not CAN) "intentionally or recklessly acted in a way so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community." The case resulted in an award of $875,000 in compensatory damages and punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...

 in the amount of $1,000,000 against CAN, $2,500,000 against Ross, and $250,000 against each of Ross's two accomplices. The case bankrupted the Cult Awareness Network and marked a watershed for new religious movement
New religious movement
A new religious movement is a religious community or ethical, spiritual, or philosophical group of modern origin, which has a peripheral place within the dominant religious culture. NRMs may be novel in origin or they may be part of a wider religion, such as Christianity, Hinduism or Buddhism, in...

s in North America.

Events prior to the deprogramming attempt

In January 1991, at the time of the failed deprogramming attempt, Jason Scott, of Bellevue, Washington
Bellevue, Washington
Bellevue is a city in the Eastside region of King County, Washington, United States, across Lake Washington from Seattle. Long known as a suburb or satellite city of Seattle, it is now categorized as an edge city or a boomburb. The population was 122,363 at the 2010 census.Downtown Bellevue is...

, was an 18-year-old member of the Life Tabernacle Church, affiliated with the United Pentecostal Church International. Scott's mother, Katherine Tonkin, had been a member of the church, but had withdrawn from it. Jason and two younger sons of hers disagreed with her decision and insisted they would remain in the church.

The two younger sons then left Tonkin's househould, the youngest, aged thirteen, going to live with his grandmother, and the second-youngest, sixteen, moving in with another family from the church. Jason remained at home at first, but subsequently also moved in with his grandmother.

Tonkin, who believed a pastor in the church had behaved inappropriately toward one of her younger sons, subsequently called the local Cult Awareness Network
Cult Awareness Network
The Cult Awareness Network was founded in the wake of the November 18, 1978 deaths of members of the group Peoples Temple and assassination of Congressman Leo J. Ryan in Jonestown, Guyana. CAN is now owned and operated by associates of the Church of Scientology, an organization that the original...

 (CAN) hotline. The CAN contact person, Shirley Landa, referred her to Rick Ross; based on her endorsement of Ross, Tonkin retained him to deprogram her sons. At the time, Ross still performed forcible deprogrammings, a fact that Landa was aware of. Landa had had a longstanding relationship with CAN; she had founded its predecessor organization, and was a former member of CAN's board.

The deprogramming

To facilitate the deprogramming, Ross put together a two-man "security team". The three traveled to the grandmother's home, locked the two youngest children in the basement, and following several days of argument and lecturing, the boys gave up their Pentecostal beliefs. For deprogramming Jason, Ross demanded a larger fee, in view of the fact that he was powerfully built and legally an adult, increasing the risk of prosecution. Ross hired a karate
Karate
is a martial art developed in the Ryukyu Islands in what is now Okinawa, Japan. It was developed from indigenous fighting methods called and Chinese kenpō. Karate is a striking art using punching, kicking, knee and elbow strikes, and open-handed techniques such as knife-hands. Grappling, locks,...

 black belt
Black belt (martial arts)
In martial arts, the black belt is a way to describe a graduate of a field where a practitioner's level is often marked by the color of the belt. The black belt is commonly the highest belt color used and denotes a degree of competence. It is often associated with a teaching grade though...

 named Clark Rotroff to help with the operation. One evening, as Scott returned to the family residence, he was surprised by Ross's three associates, wrestled to the ground, and dragged into a waiting van.

Scott struggled, but was held down and handcuffed by the three men, gagged with duct tape
Duct tape
Duct tape, or duck tape, is cloth- or scrim-backed pressure sensitive tape often sealed with polyethylene. It is very similar to gaffer tape but differs in that gaffer tape was designed to be cleanly removed, while duct tape was not. It has a standard width of and is generally silver or black...

 from ear to ear, and had his ankles tied with rope. As he lay face down and with his cuffed hands beneath his body, one of the men, weighing 300 pounds, sat on top of his back. Scott's legs, upper body and back had sustained multiple bruises and abrasions from being dragged to the van across stairs, floors and a patio.

Scott was driven to a beach cottage, where the rope around his ankles was loosened sufficiently to enable him to make steps. Ross and his partners walked him into the house, one of the men leading him on a nylon
Nylon
Nylon is a generic designation for a family of synthetic polymers known generically as polyamides, first produced on February 28, 1935, by Wallace Carothers at DuPont's research facility at the DuPont Experimental Station...

 leash, another holding his handcuffs. Ross and his partners had made the house a virtual prison; the windows were covered with thick nylon straps forming a mesh, to prevent escape. The two doors to the room where he was held were guarded. His captors also took his shoes and fitted the room with motion detector
Motion detector
A motion detector is a device for motion detection. That is, it is a device that contains a physical mechanism or electronic sensor that quantifies motion that can be either integrated with or connected to other devices that alert the user of the presence of a moving object within the field of view...

s. According to Shupe
Anson Shupe
Anson D. Shupe is an American sociologist noted for his studies of religious groups and their countermovements, family violence and clergy misconduct.-Work:...

 and Darnell's (2006) account of court testimony, Scott demanded that he be allowed to leave, and asked Ross whether he would try to make him change his religious beliefs. Ross was said to have replied that that was what he was paid to do. When Scott threatened Ross with criminal prosecution, Ross was said to have threatened Scott that he would handcuff him to the bed frame.

Scott testified that he then endured five days of derogatory comments about himself, his beliefs, his girlfriend and his pastor, and diatribes by Ross about the ways in which Christianity
Christianity
Christianity is a monotheistic religion based on the life and teachings of Jesus as presented in canonical gospels and other New Testament writings...

 and conservative Protestantism
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...

 were wrong. He was intimidated, forced to watch videos on cults and told his church was just the same. He said he was watched 24 hours a day. On every visit to the bathroom, he was accompanied by at least two men. Every day, Ross argued with Scott about matters of religion, without giving him a chance to say anything in return, often tapping him or hitting him on the head to underscore his points while Scott was being restrained or closely watched. Scott was told that he would only regain his liberty once the deprogramming had been concluded successfully and he had given up his beliefs.

After four days, Scott began to pretend that he had changed his mind, feigning tears and remorse, in the hope that this would in due course give him a chance to escape. The final day of his imprisonment he spent watching films on New Age
New Age
The New Age movement is a Western spiritual movement that developed in the second half of the 20th century. Its central precepts have been described as "drawing on both Eastern and Western spiritual and metaphysical traditions and then infusing them with influences from self-help and motivational...

 religions and channeling, even though neither are related to Pentecostalism. Scott's plan ultimately worked; Ross, pleased with the apparent success of the deprogramming session, proposed that they all went out to meet with Scott's family for a celebratory dinner. In the restaurant, Scott was allowed to go the men's room by himself; he ran out and called the police, who arrested Ross and his companions on suspicion of unlawful imprisonment. Initially, the charges were dismissed.

Criminal trial

In 1993, two years later, criminal charges were brought against Ross and two of his associates for unlawful imprisonment during the deprogramming. At the trial, Ross's defence lawyer argued that Ross "was hired to deprogram Scott but that others who restrained Scott were not under Ross's control." The trial ended in acquittal for Ross. Jurors said "prosecutors had not proved Ross participated in restraining Scott." Grays Harbor County prosecutor Joe Wheeler said "he was surprised by the jury's verdict", arrived at after two hours of deliberation. Mark Workman and Charles Simpson pled guilty to the lesser charge of coercion
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...

 and were sentenced to one-year jail terms, with all but 30 days suspended. The third associate, Clark Rotroff, also from Arizona, testified for the prosecution and was not charged.

Civil suit

In addition to the criminal trial, a civil suit for damages was filed against Ross, the two convicted associates and CAN by Kendrick Moxon
Moxon & Kobrin
Moxon & Kobrin is a law firm with its headquarters located in the Wilshire Center Building in Wilshire Center, Los Angeles, California, consisting of Kendrick Moxon, Helena Kobrin, and Ava Paquette....

, a long-time member and counsel for the Church of Scientology
Church of Scientology
The Church of Scientology is an organization devoted to the practice and the promotion of the Scientology belief system. The Church of Scientology International is the Church of Scientology's parent organization, and is responsible for the overall ecclesiastical management, dissemination and...

, on behalf of Jason Scott. The case led to renewed debate on the deprogramming issue. At the trial, the jury was to decide whether the defendants had violated Scott's civil rights, including the right "to practice and believe in the religion of his choice ... free from force, violence, threats, retaliation or intimidation." Anson Shupe
Anson Shupe
Anson D. Shupe is an American sociologist noted for his studies of religious groups and their countermovements, family violence and clergy misconduct.-Work:...

 appeared in the trial as an expert academic witness for Scott, giving testimony as to "the entrepreneurial nature of deprogramming and its origins in religious intolerance".

Ross's defence lawyer argued that since Scott was powerfully built, it had made sense to bring along others "for security", but that Ross's role had been "limited to counseling and providing information". "Mr. Ross had no physical contact with Mr. Scott," his attorney said. "He did what he was intended to do – provide information." CAN's defence asserted that none of CAN's leaders or employees were aware of the deprogramming.

In September 1995, a nine-member jury unanimously held the defendants liable for negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

 and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...

 to deprive Scott of his civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 and religious liberties
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...

. In relation to the negligence charge, the jury attributed 70% of the total combined negligence to Ross, and 10% each to CAN and his two associates. In addition, the jury held the defendants, excluding CAN, liable for intentional infliction of emotional distress, finding they "intentionally or recklessly acted in a way so outrageous in character and so extreme in degree as to go beyond all possible bounds of decency and to be regarded as atrocious and utterly intolerable in a civilized community."

The descriptions of the forcible nature of the kidnapping and deprogramming attempt seemed to have made an impact on the jury, who awarded $875,000 in compensatory damages to Jason Scott, and punitive damages
Punitive damages
Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit...

 in the amount of $1,000,000 against CAN, $2,500,000 against Ross, and $250,000 against each of Ross's two co-defendants. The court found that CAN volunteers routinely referred callers to deprogrammers.

After the jury decision, Scott said "he thought the amount of the award was justified." Moxon said he thought "the decision and the large award for punitive damages set an important precedent and would deter other religious deprogrammers." United States District Judge John C. Coughenour
John C. Coughenour
John C. Coughenour is a U.S. District Court Judge.He was appointed by Ronald Reagan in 1981.Before being appointed as a judge, Coughenour was a leading litigator with Bogle & Gates and has taught trial and appellate practice at the University of Washington School of Law.-Education:-Legal...

 pronounced the verdict "quite reasonable" and refused a motion to grant a new trial, stating:

CAN appealed the decision, but a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld the award in April 1998, two of the three judges finding against CAN, with the third judge dissenting. In August 1998, the full 9th Circuit court voted against reconsidering the case. The U.S. Supreme Court rejected a final appeal by CAN in March 1999. The judgment drove CAN, which had already been weakened by the cost of defending over 50 previous lawsuits filed by Moxon, into bankruptcy. Ross went into bankruptcy as well.

Outcome

In November 1996, the CAN name, logo and telephone number were bought in Bankruptcy Court by another Scientologist attorney, Steven Hayes, whose partner Timothy Bowles had at one time been partners with Moxon. According to Moxon, Scott had not collected any part of his judgment at that time, as both CAN and Ross had declared bankruptcy. In early December, Scott reconciled with his mother and settled with Ross for $5,000, and 200 hours of professional services to be supplied by Ross. Moxon filed unsuccessful emergency motions alleging that Scott must have been coerced, but admitted he had no proof of this. In December 1996, Scott replaced Moxon as his attorney with Church of Scientology opponent Graham Berry.

The settlement between Scott and Ross was leaked to the Washington Post, which reportedly angered Scott. Berry, his new attorney, said that "it would be a mistake to assume that Scott's decision to make use of Ross' time was a vindication of Ross or his deprogramming methods," and refused to say what services Ross would supply under the agreement. Berry also pointed out that the Church of Scientology had "had a long-standing campaign to destroy the Cult Awareness Network" and asserted that the destruction of CAN had been in the interest of Moxon's main client, the Church of Scientology, rather than in Scott's interest.

The Jason Scott case brought about the demise of the "Old CAN", marking the end of the cult wars in North America. Controversies surrounding new religious movements have continued, but the debate has mostly moved to other arenas than the courts. With the Scott decision, deprogramming came to an almost complete halt in North America, and the practice was largely given up in favor of voluntary exit counseling
Exit counseling
Exit counseling, also termed strategic intervention therapy, cult intervention or thought reform consultation, is an intervention designed to persuade an individual to leave a group perceived to be a cult...

. Following the acquisition of the CAN name and number by Scientologists, a "New CAN" was established with their backing, which serves as an information and networking center on nontraditional religions; it is managed by former opponents of the "Old CAN".

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK